Terms and Conditions:
Effective as of: May, 2018
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE ("TERMS") BEFORE USING THIS WEBSITE AND THE WEBSITES LISTED DIRECTLY BELOW, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, YOUR INDEMNITY TO US AND MANDATORY ARBITRATION.
This website (“Site”) and these websites (“DSM website” or collectively, the "Sites"), are operated, owned, managed, or controlled by David Scotland Media, LLC ("DSM" or "we," "our," or "us"). These Terms also apply to interactive features or downloads or other Internet services ("Services" or collectively, “DSM Internet Services”) that are operated, owned, managed, or controlled by DSM, are available through the Sites or that interact with the Sites and post these Terms. DSM provides this website and all site-related services subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement governs the relationship between DSM and you, the Site visitor and/or member ("you", "your"), with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement.
Legal Agreement Between You and DSM; Visitors and Registered Users
These Terms of Service (TOS) constitute a legal agreement between the user of the Services (“you”) and DSM. By using this website you give consent and accept and agree to, without modification, all of the terms, conditions, restrictions and notices contained in this TOS in order to access and/or use the Services. By using the Services, you agree to be legally bound by this TOS, whether you are a “Visitor” (which means that you only browse a site on the Service) or a “Registered User” (which means that you have registered as a user of the Services). As used herein, the terms “users” and “you” refer to both Visitors and Registered Users of the Services. You are authorized to use the Services (regardless of whether your access or use is intended or not) only if you agree to abide by all applicable laws and this TOS. Please read this TOS carefully and in its entirety. If you do not agree with all of these terms, you should leave this website and discontinue use of the Services immediately. If you do not accept this TOS in its entirety, you do not have permission to access or use the Services.
These Terms govern your use of the Site and Sites. These Terms do not apply to any other web site or any offline activities by DSM (unless specifically stated). You agree to these Terms by accessing or using the Sites. By using this site, you are deemed to have agreed to these terms and conditions of use. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them.
By using or attempting to use the Site, you certify that (1) you are a resident of the United States and are at least 16 years of age or, if under the age of 16, you have the consent of your parent or guardian (over the age of 18) to use the Site, or (2) you are not a resident of the United States and are at least 18 years of age or, if under the age of 18, you have the consent of your parent or guardian (over the age of 18) to use the Site. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately. If, at any time, you choose not to accept these terms and conditions of use, please do not use the sites.
We reserve the right at any time to:
• Change the terms and conditions of this Agreement;
• Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
• Change any fees or charges for use of the Site.
Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting a revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the "Last Updated" legend at the top of this Agreement. Your continued use of the Site after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.
Scope of Terms and Conditions
These terms and conditions apply to your use of all the sites and services operated, owned, managed, or controlled by DSM and affiliated companies, including companies operated, owned, managed, or controlled by DSM (collectively "we," "us" or "our"), and any other site that we have operated, owned, managed, or controlled, do or may operate, own, manage, or control in the future (collectively, the "Sites"). Unless we say otherwise, all references to the Sites in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of the Sites only link.
YOU MAY NOT USE ANY DSM SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY DSM SITE MAY BE SUSPENDED OR TERMINATED IMMEDIATELY IN DSM'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Changes to this Agreement, Modification, Suspension, Termination
DSM reserves the right, in its sole discretion, to modify, alter, or otherwise change the terms and conditions of this agreement and/or any additional terms at any time; change the Site, including eliminating or discontinuing any content on or feature of the Site; or change any fees or charges for use of the Site. Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting a revised version of this Agreement on the Site. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the DSM Site and/or DSM Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. Therefore, you should review the most current terms and any additional terms before using the Sites. If at any time you do not accept these changes, you must immediately discontinue use of this DSM site and/or the DSM Internet Service to which the changes may apply.
We reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Site or paid services or memberships with or without cause and with or without prior notice. DSM reserves the right to suspend or terminate your access to and use of the Sites, in its sole discretion, without notice and liability, including, without limitation, if DSM believes your conduct fails to conform to these Terms. DSM also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Sites or DSM, or links, or any unauthorized use of any property of DSM. Any violation, or potential violation, of these Terms may be referred to by law enforcement authorities.
Upon termination of your access to the Sites, or upon demand from DSM, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Sites, including links to the Sites; and (b) destroy all Materials obtained from the Sites and all related documentation.
You will not be entitled to a refund during service suspensions or outages that are caused by our maintenance on the servers or the technology that underlies Site. You agree that we will not be liable to you or to any third party for any suspension, modification or discontinuance. Any violation by you of this Agreement may result in corrective action by us, in our sole discretion, including assessment of additional charges, disconnection or discontinuance of your membership, or termination of this Agreement. In the event that we elect to take any corrective action, you shall not be entitled to a refund of any fees paid in advance prior to such corrective action.
You represent and warrant that: (i) you are at least eighteen (18) years of age and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms; (ii) all information you provide to DSM is true, accurate, complete and current; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms; (iv) you are a U.S. citizen. You also agree that you will be responsible for obtaining and maintaining all modem, telecommunications equipment, computer hardware, wireless devices and other equipment needed for access to and use of the Sites and you will be responsible for all charges related thereto.
User Interactions and Disputes
You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
The Sites (including past, present and future versions) and all materials that are included in or are otherwise a part of the Sites, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the Sites; the compilation, style, composition, assembly and arrangement of the materials of the Sites; and all other materials related to the Sites (collectively, the "Materials") are owned, operated, managed, controlled or licensed by DSM, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by DSM, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under this Terms are hereby reserved for DSM and/or its members, affiliates, their successors, transferees, assignees, licensors and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, consultants, and other representatives, shareholders and employees of each, as well as any authors, suppliers, and employees, as well as the Artist and Artist's management, and each of their members, affiliates, their successors, transferees, assignees and licensees, and their respective parent and subsidiary companies, agents, associates, officers, directors, consultants, and other representatives, shareholders and employees. Nothing contained in these Terms will affect, impair, or limit in any way DSM's rights to exploit fully any or all of the Materials. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of DSM's rights therein, or in breach of, any terms and conditions contained in this Terms. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.
The entire contents of the Sites (including the Materials) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, DSM owns a copyright in the creation, selection, coordination, style, composition, arrangement and enhancement of the Materials on the Sites. Third-party content providers own the copyright in content that is original to them.
Without DSM's prior written permission, you agree not to display or use, in any manner any such marks and all goodwill associated with any use by you thereof will inure exclusively to DSM or their respective owners. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of DSM, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites or Internet Services.
Restrictions on Use of Materials
The contents of our Sites are protected by copyright and trademark laws and are the property of their owners. Unless we say otherwise, you may access the materials located within the Sites only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download or capture copyrighted material, you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Sites. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from the Sites. You must abide by all additional copyright notices or other restrictions contained in any of the Sites.
You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard Internet browser or search engine); (b) fail to follow the instructions provided on the Sites in a "robots.txt" file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or DSM without the prior written consent of DSM.
You may not restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site. You may not use the Site or Materials for any unlawful purpose. You may not express or imply that any statements you make are endorsed by us, without our prior written consent. You may not impersonate any person or entity or misrepresent your affiliation with a person or entity. You may not "Stalk" or otherwise harass another person. You may not solicit personal information from, harm or attempt to harm minors, in any way. You may not transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, racist, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
You may not use the Site for any commercial purpose, such as conducting sales of tickets, merchandise or services of any kind. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling tickets of any kind. You may not engage in spamming or flooding. You may not transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
You may not modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site. You may not remove any copyright, trademark or other proprietary rights notices contained in the Site. You may not "frame" or "mirror" any part of the Site without our prior written authorization.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Sites. You may not take any action to interfere with, or disrupt, the Sites, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions.
You may not harvest or collect information about Site visitors or members without their express consent. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not access, reload or "refresh" transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval. You may not request more than 1,000 pages of the Site in any twenty-four hour period, whether alone or acting in concert with a group of individuals or use any passcode or password, regardless of whether or not such password or passcode is unique, to participate in a presale, membership club, or other offer on the Site if you are not the original recipient of such passcode or password (i.e., if you did not receive the passcode or password from DSM, or from the membership club or other organization with whom DSM is working to enable such presale or offer) or if your participation in such presale or other offer is inconsistent with such presale's or offer's terms.
You may not violate any applicable local, state, national or international law, rules or regulations, including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange.
Submitted Content or Information
User Content. The Sites may provide you and others with the opportunity to make contributions to the Site including, without limitation, creative suggestions, analysis, ideas, critiques, notes, comments, complaints, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively "User Content"), and to participate in chats, forums, comments, blogs, video conferencing, DSM groups, message boards, social networking, social communities, bulletin board services, member profiles, and other means and other communication functionality (collectively, "User Forums") and may provide you with the opportunity, through such features or otherwise, to submit, post, display, share, transmit, perform, show, publish, disseminate, distribute, circulate, promote, publicize or broadcast content and materials to DSM or the Sites, including, without limitation, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, "User Content").
Terms Applicable to User Content
You agree not to submit or post any User Content that: (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity, (ii) is libelous, defamatory or slanderous, (iii) condones, promotes, contains or links to warez, cracks, hacks or similar utilities or programs, (iv) is pornographic or sexually explicit, (v) does or may denigrate or offend any ethnic, racial, LBGT, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise, (vi) is designed to or does harass, threaten, defame or abuse others, (vii) is used to impersonate or claim the identity, characteristics or qualifications of any other person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (viii) exploits minors in a sexual or violent manner, (ix) promotes, condones or encourages illegal activity or ix) is generally offensive or in bad taste.
You agree that all of your User Content, whether publicly posted or privately transmitted, is your sole responsibility. User Content does not necessarily reflect our views or opinions. We shall not be liable to you or any third party in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site. We generally do not pre-screen, pre-edit or otherwise control User Content and we do not assume responsibility to monitor the Site for inappropriate User Content. We do not warrant, expressly or impliedly, the accuracy, reliability or quality of User Content. By using the Site, you assume this risk. However, we reserve the right, but have no obligation (i) to monitor interactions between you and other users of the Site; (ii) to prevent you from submitting User Content that is inconsistent with our standards, stated above; (iii) to edit, restrict or remove User Content for any reason at any time; and (iv) to take any other action in good faith to restrict access to or the availability of any User Content that we, or another user, may consider to be inconsistent with the standards described above.
Should we choose to monitor User Content, we still will assume no responsibility for any inappropriate User Content, or for the conduct of any user who submits it, and or to remove inappropriate User Content form the Site. If we prevent your User Content from being submitted, or edit, restrict or remove it from the Site, you may not hold us accountable under any circumstances.
License to DSM for User Content
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to DSM from their creation. Thus, DSM shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as DSM determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to DSM all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted materials which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that DSM has the right but not the obligation to use and display any postings or contributions of any kind and that DSM may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
You grant to DSM and our designees the unrestricted, unconditional, worldwide, non-exclusive, unlimited, irrevocable, transferable, sublicenseable (through multiple tiers), assignable, perpetual, royalty-free right and license to use, host, copy, reproduce, distribute (through multiple tiers), disclose, display, sell, re-sell, sublicense, create derivative works of, publicly perform, display (publicly or otherwise), store, digitally perform, publish (on the Site, on any other website(s), in print, radio, television or elsewhere), adapt, modify, distribute, have distributed and promote, make, have made, sell, offer for sale, import and commercialize the User Content, or any portion thereof, in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, or perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same in DSM's sole discretion, in any way, in any and all media now known or hereinafter discovered, without limitation and without any compensation or acknowledgment to you or any third party. You also hereby waive any so-called moral rights or other similar rights in your User Content. You further agree that DSM is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Sites or DSM, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without compensation of any kind. You further perpetually and irrevocably grant DSM the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or compensation to you. You also grant to DSM the right to sub-license and authorize others to exercise any of the rights granted to DSM under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to DSM under these Terms. You further authorize DSM to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
DSM's Obligations Regarding User Content
You agree that DSM has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' licensed rights to your User Content. You further acknowledge and agree that DSM will not have any obligation to, but may review, monitor, display, accept or exploit any User Content and DSM may, in its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that DSM reserves the right to treat User Content on the Sites, or on certain portions of the Sites, as content stored at the direction of users for which DSM will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in our House Rules for Users when notice of such violations are directed to DSM's attention. User Content posted may not be maintained on the Sites by us for any period of time, we may delete it at our discretion and you have no right to access or control any User Content that you provide. You agree and understand that DSM is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it.
Your Obligations Regarding User Content
You agree that you must evaluate, and bear all risks associated with, the use of any of User Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Content. As DSM may not pre-screen User Content, you bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in User Content.
Request for Proposal or Product/Service/Experience Submissions Prohibited
DSM does not accept unsolicited submissions for “request for proposal” or for other projects including creating, developing, or distributing products, services, or experiences, or other projects including books, DVDs, audios, videos, workshops, seminars, coaching, consultations, trainings, live performances, music videos, music, concerts, motion pictures, television programs, web sites, articles, press releases, e-books, or other products, services, experiences, agenting, representation, or joint ventures. It is our intent to avoid the possibility of future misunderstandings when projects created, written, performed, developed by or on behalf of DSM (whether internally or by third parties) might seem to others to be similar to their DSM creative ideas or materials. Therefore, please do not make any such unsolicited submissions to DSM through this Sites, including User Forums, by e-mail, text message or otherwise. However, if you decide to make any such unsolicited submission, you hereby grant to DSM the right and license to the submission as if it were User Content as specifically set forth above.
As a user of the Sites, you agree that the House Rules exist to help you understand the conduct that is expected of DSM users who participate in chat rooms, comments, social networking, membership forums or sites, User Forums, including any social networking or commenting opportunities on the Sites. In addition to the House Rules, we ask that your User Content relate to the content on the Sites and should be intended to add to the discussion and community on the Sites. It should not include irrelevant topics or postings or any spamming, trolling, advertising, marketing, selling, or promotion of any product or service, not included in DSM. Your participation in the User Forums is subject to all the Terms, including the House Rules. We reserve the right, in our sole discretion, to monitor and screen all User Content submitted to the Sites and may disregard any User Content that, in our sole discretion, violates the House Rules or the Terms, or that we otherwise find objectionable.
These terms and conditions apply only to the Sites and not to the sites of any other companies or organizations, including those to which any of the Sites may link. The Site contains links to other Internet websites, including affiliated websites which may or may not be owned or operated by DSM. DSM has not reviewed all of the websites that are linked to the Site, and DSM has no control over such sites. We are not responsible for the availability of any other site to which any of the Sites links. We do not endorse or take responsibility for the contents, advertising, products, services, terms, agreements, warranties, or other materials made available through any other site and DSM does not indicate any approval of any material contained on any linked site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You are solely responsible for taking any necessary precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature. If you have concerns, you should direct any concerns to that site's administrator or webmaster. You agree that your use of other internet websites and resources including, without limitation, your use of any content, information, data, advertising, products or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
Other sites may link to any of the Sites only through a plain-text link to the home page of such Site. Permission must be granted by us for any other type of link to the Sites. To seek our permission, you may write to David Scotland Media, Attention: DSM-Online Unit, 27475 YNES RD, STE 399 - Temecula, CA 92591. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link and to require termination of any such link to any of the Sites at our discretion at any time.
Limit of Liability/Disclaimer of Warranty
While the publisher and author(s) have used their best efforts in preparing the information for this website and other associated websites, they make no representations or warranties with respect to the accuracy or completeness of the contents of this website and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. No warranty may be created or extended by us or any third party or other sales representatives or oral, written, created sales and/or marketing materials and/or other media. No warranties may be created by implication or imagination. We do not guarantee or warrant that the information on this website and its associated websites will produce any particular results and we caution readers and the audience of this website that the information, advice, opinions, theories, methods, plans, articles, processes, systems, tools, tips, and strategies contained herein may not be suitable for your situation. You should consult with a professional where appropriate. Neither the publisher nor author(s) shall be liable for any loss of profit, monetary loss, physical or energetic or electromagnetic injury, property damage, or any commercial damages, including but not limited to special, incidental, consequential, or other damages.
ADDITIONAL LIMITATIONS OF LIABILITY: UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, MEDICAL, PSYCHOLOGICAL, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITES; (B) THE PRODUCTS, SERVICES, OR MATERIALS; (C) THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OR NONPERFORMANCE OF THE SITES; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE DSM PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITES’ TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, TAMPERING, FRAUD, BUGS, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE DSM PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES). IN NO EVENT WILL THE DSM PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES, COUNTRIES, PROVINCES AND TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE DSM PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
YOUR ACCESS TO AND USE OF THE SITES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITES OR ANY OF THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES OR THE MATERIALS.
THIS SITE AND OTHER SITES OF DSM ARE CONTINUALLY UNDER DEVELOPMENT AND DSM MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THEIR ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
PARTICIPANT ACKNOWLEDGES AND AGREES THAT NO REPRESENTATION HAS BEEN MADE BY DSM OR ITS AFFILIATES AND RELIED UPON FOR THE FUTURE INCOME, EXPENSES, SALES VOLUME OR POTENTIAL PROFITABILITY THAT MAY BE DERIVED FROM THE PARTICIPATION IN ANY OF OUR PROGRAMS, PRODUCTS, SERVICES, OR EXPERIENCES OR THE PROGRAMS, PRODUCTS, SERVICES, OR EXPERIENCES OF ANY THIRD PARTY PROVIDERS.
WAIVER OF UNKNOWN CLAIMS
BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Indemnification and Hold Harmless
You agree at all times to defend, indemnify, and hold harmless any and all members of DSM, its affiliates, their successors, transferees, assignees, licensors and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, consultants, and other representatives, shareholders and employees of each, as well as any authors, suppliers, and employees, as well as the Artist and Artist's management, and each of their members, affiliates, their successors, transferees, assignees, licensors and licensees, and their respective parent and subsidiary companies, agents, associates, officers, directors, consultants, and other representatives, shareholders and employees from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by the DSM including any and all of its information; and you agree to defend (if requested by DSM), defend, indemnify, and hold harmless the DSM Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content; (b) your use of the Sites or activities in connection with the Sites; (c) your breach or anticipatory breach of these Terms or any other user violation of this agreement or any other infraction, infringement, tort, or violation; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or other device used to access the Sites, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the DSM Parties' use of your information. You will cooperate as fully required by the DSM Parties in the defense of any claim. Notwithstanding the foregoing, the DSM Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. The DSM Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the DSM Parties.
We will not be liable to you or any third party for failure or delay in performing our obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, computer viruses, terrorism, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Site.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS DSM WEBSITE AND/OR DSM WEBSITE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, AUDIOS, VIDEOS, PDFs, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS DSM WEBSITE OR DSM WEBSITE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. DSM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DSM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. DSM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS DSM WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. THE DSM PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS OR LINKS) ON THE SITES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. THE DSM PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE DSM PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS. DSM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS DSM WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, AUDIOS, VIDEOS, PDFs, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT. DSM IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR OTHER DSM WEBSITE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
BY ACCESSING OR USING THE SITES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES.
DSM grants you the revocable permission to link to the Sites; provided, however, that your web site, or any third party web sites that link to the Sites: (a) may only link to a Site's home page unless DSM has provided prior, written consent to link to other pages; (b) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; (c) must not imply that DSM or the Sites are endorsing or sponsoring it or its products, unless DSM has given its prior written consent; (d) must not present false information about, or disparage, tarnish, or otherwise, in DSM's sole opinion, harm DSM or its products or services; (e) must not use any DSM trademarks without the prior written permission from DSM; (f) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in DSM's sole opinion); and (g) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, DSM reserves the right to prohibit linking to the Sites for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
Software And Downloads Available Through This Website
Any software that is made available to view and/ or download in connection with a DSM or DSM Website Service (“Software”), including podcasts, audio streaming, or video streaming, or articles, or PDFs, is owned or controlled by DSM and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. DSM accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
Location of Sites and Territorial Restrictions
Location of Sites. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject DSM to any registration requirement within such jurisdiction or country. DSM controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. Anyone using or accessing the Sites from other locations does so on their DSM initiative and are responsible for compliance with United States', and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Sites and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
Software. Software related to or made available by the Sites may be subject to United States export controls. Thus, no software from the Sites may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
This DSM Website may enable you to order and receive products, information and services from businesses that are not owned or operated by DSM. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. DSM does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. DSM will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the DSM or DSM Internet Service.
Modification/Termination by DSM
DSM reserves the right, in its sole discretion, to modify, suspend, or terminate this DSM website and/or any portion thereof, including any DSM or DSM Internet Service, and/or your account, password, or use of any DSM or DSM Internet Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for a DSM or DSM Internet Service removes your authorization to use the DSM or DSM Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, DSM shall not be liable to you or any third-party for any termination of your access to a DSM or DSM Internet Service.
Waiver of Liability
Users of the information agree that neither the DSM, nor its officers, directors, agents, authors, suppliers, and employees will be held liable by you under any theory of indemnity or liability in connection with your use of the information provided by the DSM. You hereby release the DSM, its officers, directors, agents, authors, suppliers, and employees from all liability and wave all claims for damages in connection with your use of the information.
WAIVER OF UNKNOWN CLAIMS. BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
TM + Copyright © by David Scotland Media. All Rights Reserved. All original David Scotland music, audios, videos, and other performance and artistic creations and copyrightable works are TM + © ℗ by David Scotland. All Rights Reserved. No part of this website may be reproduced by any mechanical, photographic, or electronic process, or in the form of a phonographic recording; nor may it be stored in a retrieval system, transmitted, or otherwise be copied for public or private use without prior written permission of the author/creator, David Scotland.
No part of any songs or website music, audio, video, other performance and artistic creations and copyrightable works by David Scotland, or other entertainment productions by David Scotland or other copyright holders or owners may be reproduced by any mechanical, photographic, or electronic process, or in the form of a phonographic recording; nor may it be stored in a retrieval system, transmitted, or otherwise be copied for public or private use without prior written permission of the author, writer, composer, and performer David Scotland or the work's copyright holder or owner.
The trade names “David Scotland Media” ("DSM") and "David Scotland" ("DavidScotland [dot-com]") and all their associated logos and trade dress are all trademarks belonging to DSM.
No part of this website ("Site" or, collectively, "Sites") may be reproduced by any mechanical, photographic, or electronic process, or in the form of a phonographic recording; nor may it be stored in a retrieval system, transmitted, or otherwise be copied for public or private use without prior written permission of the manager, DSM. The intent of any author on the Sites is only to offer information of a general nature to help you in your Pursuit of Happiness. In the event you use any of the information in this website for yourself, which is your constitutional right, the author and publisher assume no responsibility for your actions. Written in the United States of America.
DSM trading as DavidScotland [dot-com], including the audio and video content, artwork, blogs, posts, articles, video files, audio files, comments, advertisements and other features therein, is for informational purposes only and provided "as is" without warranties, representations, or guarantees of any kind. Content on the Site is in no way intended as legal, investment, financial, medical, or psychological advice nor should it be construed as such.
General Nature and Purpose
The information included on this site is for entertainment and educational purposes only and of a general nature. It is not intended nor implied to be a substitute for professional medical advice. The reader should always consult his or her healthcare provider to determine the appropriateness of the information for their own situation or if they have any questions regarding a medical condition or treatment plan. Reading the information on this website does not create a physician-patient relationship. The examples, characters, events, characteristic, kinds, illustrations, analogies, metaphors, and similar aspects of conveying some forms of names, characters, businesses, places, events and incidents are either the products of the author’s imagination or used in a fictitious manner. Any simularity to actual persons, living or dead, or to any actual events, firms, institutions, or other entities is coincidental and unintentional.
Not Legal or Financial Advice
This Site, or Sites, or anything provided through this Site, is designed to provide accurate and authoritative information in regard to the subject matter covered. It is published with the understanding that the author is not engaged in rendering any legal, accounting, financial, medical, or any other professional service or advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. This site may include market analysis. All ideas, opinions, and/or forecasts, expressed or implied herein, are for informational or entertainment purposes only and should not be construed as a recommendation to invest, trade, and/or speculate in the markets. Any investments, trades, and/or speculations made in light of the ideas, opinions, and/or forecasts, expressed or implied herein, are committed at your own risk, financial or otherwise. The opinions expressed are those of the author and do not necessarily reflect the views of any other individual or organization.
This Site, or Sites, or anything provide through this Site, does not constitute legal or financial advice and is not intended to constitute advertising or solicitation for legal or financial services. Nothing in this Site should be construed by you as a source of legal or financial advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney or finance professional. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and David Scotland, the Sites, or DSM or any other authors, writers, experts, advertisers, sponsors, or other providers, or any law firm(s) with which David Scotland, the Sites, or DSM may have a relationship for any purpose whatsoever. Any information submitted by you to the Sites, DSM, or any other authors, writers, experts, or providers, via this Site, an email, or any form of electronic communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and the Sites, DSM, or any other authors, writers, experts, advertisers, sponsors, or providers of/to this website. The views expressed on this site are those of the authors, writers, experts, and other providers alone, and not necessarily those of the Sites or DSM.
Not Medical Advice
All material provided on the Sites is provided for educational purposes only. It is not intended nor implied to be a substitute for professional medical advice. The reader should always consult his or her healthcare provider to determine the appropriateness of the information for their own situation or if they have any questions regarding a medical condition or treatment plan. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding a medical condition, and before undertaking any diet, exercise or other health program. Reading the information on this website does not create a physician-patient relationship. The information contained on this Web site has not been evaluated by the FDA. This information is not intended to treat, diagnose, cure or prevent any disease.
Content on the Sites should never be used as a substitute for advice from a qualified professional. The Sites or DSM shall not be liable for the accuracy, usefulness or availability of any of the Sites’ or DSM’s content, and you agree to hold the Sites and DSM harmless from any loss, harm, injury or damage resulting from or arising out of your use, misuse of, or reliance on, any of the Sites’ or DSM’s content or any consequential loss arising from the use or other conditions that could damage or interfere with data, hardware or software with which it might be used. The views and opinions expressed in an article, column, blog, video, audio file or advertising material are the author's own and not necessarily those of the Sites or DSM.
The information and materials provided on or through the Site, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the "Materials"), are intended to educate and inform you about the events, venues and other products and services offered or described on the Site. Although DSM strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although DSM endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. Moreover, portions of the Materials have been contributed to the Site by various artists and other persons. The inclusion of such information does not indicate any approval or endorsement thereof, and DSM expressly disclaims any liability with respect to the foregoing.
Subject to your compliance with the terms and conditions of this Agreement, you may only download one (1) copy of any Materials displayed on the Site, and you may use such downloaded Materials solely for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained therein. DSM cannot guarantee that technical difficulties will not occur during the download of the Materials or that the Materials will download successfully. You may not engage in any unauthorized use, copying, or distribution of any of the Materials. For example, you may not otherwise reproduce, display, publicly perform, or distribute the Materials in any way for any public or commercial purpose. You may not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. Modification or use of the Materials for any purpose other than as expressly authorized in this Agreement is a violation of our copyright and other proprietary rights, and is strictly prohibited.
Limited to Personal and Non-Commercial Use
This service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from this service without our prior written consent. You may inquire about obtaining written permission from us to display or reproduce material from this site by writing:
David Scotland Media
27475 YNEZ RD, STE 399
Temecula, CA 92591
The Site, including all Site software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and "look and feel" and arrangement of items, is owned and operated by DSM in conjunction with others pursuant to contractual arrangements, and will remain the property of DSM and its licensors and suppliers. The Site is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of DSM, DSM's licensors and suppliers, and others. The Trademarks owned by DSM, whether registered or unregistered, may not be used in connection with any product or service that is not offered by DSM, in any manner that is likely to cause confusion with customers, or in any manner that disparages DSM or David Scotland, the person. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of DSM, DSM's licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and DSM will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
This website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, DSM Website logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by the DSM or by other parties that have provided rights thereto to the DSM.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this DSM website, in whole or in part, without the express written permission of DSM.
Other trademarks, service marks, product names and company names or logos appearing on this DSM website that are not owned by the DSM may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this DSM website, or frame this DSM website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the DSM website in an email for commercial purposes, without the express written permission of the DSM.
DSM respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this DSM website, you are granting permission to have this material posted on this DSM website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. DSM reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights DSM may have under law or contract. Unauthorized use or distribution of copyrighted works is illegal and may be considered a criminal act. You may copy material on this web site for your own private or domestic use only. All other copying is prohibited.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted, presented, or featured by the Sites infringe your copyright, you, or your agent may send to DSM a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon DSM actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to DSM a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. DSM's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows:
David Scotland Media
27475 YNEZ RD, STE 399
Temecula, CA 92591
Governing Law, Jurisdiction and No Class Actions
GOVERNING LAW/JURISDICTION. THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITES, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN SAN DIEGO COUNTY, CALIFORNIA AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN SAN DIEGO COUNTY, CALIFORNIA FOR ANY SUCH LEGAL PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
Except with respect to the protection and enforcement of the intellectual property rights of the DSM Parties and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the Terms or the Sites shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") as supplemented by AAA's Supplementary Procedures for Consumer-Related Disputes. Any such claim, cause of action or proceeding shall be arbitrated on an individual basis and without resort to any form of class action. The arbitration shall be conducted in San Diego, California, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this section, shall be filed and adjudicated in a state or federal court in San Diego County, California, and all parties agree to submit to the personal jurisdiction of those courts. You irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action.
The failure of DSM to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit DSM's rights with respect to such breach or any subsequent breaches. No waiver by DSM of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer or legal representative of DSM. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. DSM may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without DSM's prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against DSM by virtue of having drafted them.
Other websites using the photograph, likeness, works, creations, artworks or their derivatives or other personal attributes, content, and information of David Scotland are hereby notified that their usage is unauthorized and may result in severe civil and criminal penalties.
Additional Disclaimers and Severability
The information contained on this site is for private use only and not for the general public and it is not intended to constitute any offer to sell or the invitation or solicitation of an offer to buy any product or service by any company described or referred to in this website or by any subsidiary, holding company or affiliate of such company (all such companies hereafter collectively referred to as the “David Scotland Media” and individually as “members” of the David Scotland Media) and must not be relied upon in connection with any investment decision. The information contained on this site should not in any way be considered or intended to be a solicitation of funds of any sort or any type of securities offering. The information presented is intended for your general knowledge and personal and private use only. The information presented on the Sites is not intended to constitute as being involved in “trade or business” of any kind.
Notice for California Users
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You agree that any dispute arising out of or relating to these Terms or your use of the Site will be submitted exclusively to confidential binding arbitration in San Diego, California. Arbitration under these Terms will be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate the intellectual property rights of the Sites, David Scotland Media, or Artist, these persons or entities may seek injunctive or other appropriate relief in any state or federal court in the state of California.
This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any state or federal court located in San Diego County, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Copyright © by David Scotland Media. All Rights Reserved.